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Terms Of Service

Last updated: Oct 30, 2024

1. Introductory Provisions

The terms of use of the xReCharge service (the “Terms of Use”) refer to the rights and obligations of the parties involved during the access of the xReCharge services, namely (i) any person visiting the websites xrecharge.si and their related pages; and (ii) Charging Station Controllers. The Services are provided by justCHARGE, razvoj programskih rešitev, d.o.o. (“JC”), with its registered office in Slovenia, registered with the County Court in Ljubljana under Company Registration Number 9248455000, and headquartered at Moste 101, 4274 Žirovnica, Slovenia. JC does not own, operate or have any authority or influence over the physical infrastructure of the Charging Stations. This means that the Charging Stations are controlled by third parties and any question or complaint related to the Charging Stations must be addressed to their respective controller. These Terms of Use shall also apply to all updates, upgrades, new versions or any other changes in the Service.

2. Definitions and Terms

App

The xReCharge web application, accessible directly via browser, at https://xrecharge.si.

Charging Price

The applicable price, depending on the type of connector, location and time of day. It comprises the fee for consumed energy and may include overstay charges for the occupancy of the Charging Station. The Charging Price is defined by the Charging Station Controller.

Charging Session

The process of charging an electric or hybrid vehicle using the xReCharge Network. This includes accessing the app, optional Registration, utilizing the Charging Station, and making the necessary payments. The power level depends on the Charging Station’s capacity, the vehicle’s energy converter, and other conditions, resulting in the transfer of a specified amount of electricity.

Charging Station

A device for charging electric or hybrid vehicles in the xReCharge Network, with all pertaining equipment, which can have one or more charging connectors. The Charging Stations are not owned and/or controlled by JC.

Charging Station Controller

A company or individual who owns or intends to own one or more Charging Stations that are part of the xReCharge Network.

EV Owner

An owner or user of an electric or hybrid vehicle.

Guest User

A User of the Charging Session who starts a Charging Session without a registered User Account.

xReCharge Network

A network of publicly available Charging Stations.

Price List

A list of all applicable Charging Prices.

Registered User

(i) A User of the Charging Session who starts a Charging Session via its User Account, or (ii) a Charging Station Controller who logs in their account to manage their Charging Stations.

Registration

Entry of requested user data and first login with the aim of opening the User Account.

User

Any person who uses the App and/or starts a Charging Session, whether as a Charging Station Controller or an EV Owner, and whether as a Guest User or a Registered User.

User Account

An account that is created upon successful User registration through the App.

3. User Registration and User Account

The use of the App is free of charge for the User, but the User is obliged to pay for eventual costs related to the transfer of data during and use of the App, according to the User’s mobile operator polices, including eventual roaming charges.

The User guarantees that the data entered into the App is correct, accurate, complete and valid. By registration and creation of the User Account, the User confirms that they have legal capacity and authority to register and take all legal actions he is entitled to in accordance with these Terms of Use. The User confirms that they have read these Terms of Use.

The User shall be responsible for its User Account and for all activities on it and must continuously take care of the security of its login details, such as e-mail and password. In case of suspicion of login data misuse, the User is obliged to notify JC thereof through one of the listed communication channels in order to block, temporarily or not, the User Account. JC shall not be responsible for possible misuse of e-mail and password by third parties.

The User undertakes to keep its User Account with due care, protecting it especially against unauthorized access by third parties, and undertakes not to disclose it or in any way make it available to unauthorized persons. The User shall be responsible for every action under their User Account. JC shall not be liable for any damage that may occur to the User or third parties due to unauthorized use and/or misuse of the User Account.

JC shall send all notifications and messages related to the use of the App in accordance with these Terms of Use to the User to the e-mail address specified during Registration, and the User will send all notifications and information to the e-mail address info@xrecharge.si.

(i) Charging Station Controllers
Charging Station Controllers must create a User Account to register their Charging Station, set the Price List, edit general information, and perform all the actions related to the management of a Charging Station. The same User Account can be used by the Charging Station Controller should they wish to use the Charging Session as a Registered User in the xReCharge Network.

(ii) EV Owners
To have access to the Charging Session, the EV Owner is not required to create an account in the App. However, creating an account provides information about the xReCharge Network and enables additional features, such as user registration, search and selection of the location and charger suitable for the User, monitoring of the ongoing charging process, payment for the Charging Session, and an overview of the charging history with its previous charges.

Unless otherwise specified by applicable laws, after accepting these Terms of Use and after payment of each Charging Session, the EV Owner shall not be entitled to refund of the price paid for Charging Session that was fully provided. By accepting these Terms of Use, the User expressly declares that the Charging Session may be performed immediately.

If the user data proves to be incorrect and/or untrue, JC reserves the right to withhold the Charging Session until the EV Owner submits all valid and correct data to the e-mail address support@xrecharge.si.

4. Prices of the Charging Session

The Charging Session will be charged in accordance with the valid Price List set by the respective Charging Station Controller and available for reference on the App. By selecting the location on the map or from the list of Charging Stations, the User can see the price information for each individual connector.

The Charging Price is set by the Charging Station Controller and is not determined or controlled by JC. JC may, however, enforce minimum and maximum price limits in order to try to prevent accidental pricing errors or abuse. The Charging Price does not include eventual fees related to data traffic, nor payment fees that may be incurred by the User from the usage of a particular payment method.

JC shall in no way be responsible for the relationship between the User and third parties, including but not limited to internet and telephone operators, debit/credit card issuers, and financial institutions.

5. How To Start Charging

A Charging Session begins in one of the following ways:

  1. As a Guest User - By scanning the QR code at the Charging Station, the User is directed to the Price List. After confirming by tapping "OK," the User is taken to a new page. Here, they need to select the guest access option and enter their payment information.

  2. As a Registered User - By scanning the QR code at the Charging Station, the User is directed to the Price List. After confirming by tapping "OK," the User is taken to a new page. Here, they can choose to log in by entering their email address and password or by using their credentials from selected platforms. The User can select the saved payment information (if any) or add a new one.

  3. By vehicle recognition - On selected Charging Stations, connecting the charging cable to a registered vehicle allows the Charging Session to begin under the applicable rates, without requiring access to the App or any approval process from the User. However, the User retains the ability to disable this Plug-and-Charge functionality at PLC-supported stations. Should the User choose to disable this feature, they will need to scan the QR code and accept the applicable prices to initiate the Charging Session manually.
After completing the identification steps for each option listed above and connecting the charging cable to the car, an additional step is required before the charging session can begin. The payment gateway must first authorize the default amount or the amount specified by the user from the Price List. Charging will only start after successful authorization. If the session approaches the authorized amount, charging will automatically stop to avoid overcharging. If the user charges less than the authorized amount, any unused funds will be refunded to the user.

6. Payment for the Charging Session

The condition for starting the Charging Session is providing a valid payment card or similar payment methods, such as Apple Pay. Cash payment is not possible. Only credit or debit cards supported by our licensed payment processor, Stripe, are considered valid for payment. Prior to payment, the User gives consent to the payment service provider for the secure of funds on the payer’s payment account.

A temporary reservation of funds on the User’s payment card may be made by the User’s payment service provider to verify the card’s validity and ensure sufficient funds are available to cover the charging costs. This procedure is carried out when the exact amount of the payment transaction is unknown at the time the User consents to the transaction. After entering the card details, and before the start of charging, the User consents to the reservation of funds.

After each Charging Session, the Registered User will receive an invoice to the e-mail address entered during registration. Guest Users can download their respective invoices by going to https://xrecharge.si/invoice_details, as long as their session remains active.

JC may deny the Charging Session to the User due to the inability to collect payment.

(i) Paying as a Guest User
Guest Users are not required to provide any identification besides the information necessary to fulfil the payment. This means that, when using a Charging Station as a Guest User, the User's personal identification details are not identified and the User is tipically required to add their payment information. However, the User is not always required to enter payment information. When a Guest User presses the "Continue as Guest" button, their session remains active until (i) the browser is closed, or (ii) the User signs out, or (iii) the User remains inactive for 7 days. As long as the User is signed in, their payment information is linked to that session.

(ii) Paying as a Registered User
Registered Users must enter their preferred payment details during the first session in the App. Said information can be updated anytime by the Registered User by going to their account settings.

7. Technical Support

In case of technical problems or unavailability of services provided by JC, the User may reach JC’s technical support. Examples of services provided by JC are access to the App, processing of payments, issuing invoices, retrieving billing details, showing charging history for Registered Users, and allowing proper access to the User Account.

User support is available on business days during working hours. You can reach us by phone at +386 80 44 88 or via email at info@xrecharge.si.

Events, products, and services not related to services provided by JC should be addressed to the competent providers. Examples of said situations include damaged Charging Stations or any of its components, unavailability of Charging Stations, slow charging speed, power cuts, cable compatibility issues, Charging Prices, access to the Charging Stations, and issues related to the location and the premisses of the Charging Stations.

8. Rights, Obligations and Liabilities

The User is obliged to comply with these Terms of Use, as well as with the traffic regulations and any rules at the location of the Charging Station set by the respective Charging Station Controller or other entities. In addition, the User must:
(i) use the Charging Station conscientiously and responsibly, and exclusively for charging vehicles that are technically compatible with the Charging Stations.
(ii) remove their vehicle from the Charging Station parking area immediately after ending the Charging Session.
(iii) provide true and complete user data and update it immediately in case of change.
(iv) not transfer their personal data to another person.
(v) use the App in a permissible and acceptable manner. JC reserves the right, at any time and without prior notice, to restrict or suspend the provision of the App if the User uses the service in an unauthorized and unacceptable manner.

The User is responsible for all potential damage and costs incurred due to non-compliance with the obligations under the Terms of Use.

The User Account can be cancelled upon request to the e-mail address info@xrecharge.si exclusively from the e-mail address through which the User was registered for the xReCharge service. Cancellation of registration is possible only if the User has no outstanding debts towards JC. The User Account will be deactivated and the username will be deleted from the list of the App users. JC cannot reactivate the User Account once cancelled.

JC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
(i) The use or the inability to use the App and/or the Charging Sessions.
(ii) Unauthorized access to or alteration of User’s transmissions or data.
(iii) Statements or conduct of any third party.
(iv) Any other matter relating to the App and/or the Charging Sessions.

JC does not guarantee the continuous, uninterrupted, or secure access to the App and/or the Charging Sessions and is not responsible for any delays or failures in performance resulting from acts beyond its reasonable control, including but not limited to internet failures, equipment failures, electrical power failures, road blockages, traffic restrictions, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, earthquakes, natural disasters, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Users are responsible for ensuring that their use of t the App and/or the Charging Sessions is compliant with all applicable laws and regulations. JC assumes no responsibility for any violation of such laws or regulations by the User.

The App may include links to third-party websites or services that are not owned or controlled by the JC. JC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. The User acknowledges and agrees that JC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Traffic Calculator. The Service includes a free Traffic Calculator, allowing Users to estimate potential costs and earnings associated with becoming a Charging Station Controller. While this tool provides commercial insights, Users should be aware that the calculations generated are for informational purposes only and should not be relied upon as the sole basis for decision-making. It is important for Users to consider other relevant factors and unique circumstances that may affect the accuracy of the calculations. JC does not guarantee the precision of the results and is not responsible for any discrepancies, inaccuracies, or unforeseen variations in the estimates provided by the Traffic Calculator.

9. Questions and Complaints

The User can make a complaint via the following channels:

E-mail: info@xrecharge.si or support@xrecharge.si

Mail, to the address:
justCHARGE d.o.o.
Moste 101,
4274 Žirovnica, Slovenia

In Person:
By submitting a complaint to the mailroom at JC's headquarters.

10. Processing of Personal Data

JC will process personal data in accordance with the provisions of these Terms of Use, its Privacy Policy, and the provisions governing the protection of personal data.

11. Settlement of Disputes

JC and the User agree that all potential disputes arising from these Terms of Use shall be settled amicably. The settlement of disputes that cannot be settled amicably lies within the jurisdiction of the court in Ljubljana.

12. Miscellaneous and Final Provisions

If any of the provisions of these Terms of Use becomes illegal, invalid or unenforceable in any respect according to the applicable regulations, this shall have no effect on the legality, validity or enforceability of other provisions of these Terms of Use and such provision shall be replaced by legal, valid or enforceable provision which, in terms of its purpose and the intent of both parties, corresponds to the provision it replaces. The Terms of Use may be amended in accordance with legal regulations and JC’s business policy. These Terms of Use shall enter into force and apply from the 09/2024.